104Negotiating agents

104 Negotiating agents (1) The Minister may, in writing, approve an entity as a negotiating agent. (2) The Minister must not approve an entity as a negotiating agent unless the Minister is satisfied that— (a) the entity is the authorised representative of at least 50 VMOs who, between them, belong to at least 3 of the following categories: (i) physician; (ii) surgeon; (iii) obstetrician and gynaecologist;

(iv) anaesthetist; (v) general practitioner or other doctor or dentist; and (b) the entity is not disqualified under subsection (3); and (c) the entity is otherwise suitable to be a negotiating agent having regard to anything that may reasonably influence that decision, including the following: (i) any criminal or civil court proceedings in which the entity or an executive officer of the entity has been concerned in the previous 10 years; (ii) any levy of execution against the entity or an executive officer of the entity that is not satisfied; (iii) whether an executive officer of the entity has ceased to carry on business, or has been involved in the management of an entity that has ceased to carry on business, with the result that creditors were not fully paid or are unlikely to be fully paid. (3) For subsection (2) (b), an entity is disqualified if— (a) the entity, or an executive officer of the entity, has been convicted, in the ACT or elsewhere, of— (i) an offence punishable by imprisonment for longer than 1 year; or (ii) an offence that involves dishonesty and is punishable by imprisonment for 3 months or longer; or (b) the entity has a receiver, receiver and manager, or provisional liquidator appointed over part or all of its affairs, or is otherwise under external administration; or (c) the entity is bankrupt or personally insolvent; or Note Bankrupt or personally insolvent—see the Legislation Act, dict, pt 1.

(d) the executive officer of the entity is disqualified from managing corporations under the Corporations Act, part 2D.6 (Disqualification from managing corporations). executive officer, of an entity, means a person, by whatever name called, and whether or not the person is a director of the entity, who is concerned with or takes part in the management of the entity.